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Civil Petition for Special Leave to Appeal No. Q-15 of 1981, decided on 2nd June, 1981.
(On appeal from the Order of Baluchistan High Court dated 22-3-1981 in C. P. No. 54 of 1981).
Baluchistan Government Lands and Buildings (Recovery and Possession) Ordinance, 1956-
S.3 (1)-Eviction-Quarter under consideration not allotted to petitioner and petitioner living therein with allottee Government servant since dead--Civil Estate Officer's direction to petitioner to vacate premises, held, not open to challenge in writ jurisdiction of High Court.
Petitioner in person.
Date of hearing : 2nd June, 1981.
This is a petition for special leave to appeal from the judgment of the High Court of Baluchistan dated 22-3-1981 dismissing Constitutional Petition No. 54 of 1981 filed by the petitioner whereby he sought to challenge the order of his eviction from Quarter No. H-37, Wahdat Colony, Quetta On his own showing the quarter was not allotted to the petitioner, but he was living there with Taimur Khan, Head Constable Excise & Taxation Department, Quetta, who died on 31-1-1981. The Civil Estate Officer, Quetta, therefore, directed the petitioner under the powe conferred under subsection (1) of section 5 of the Baluchistan Governing Lands and Buildings (Recovery and Possession) Ordinance, 1956 to vacate the quarter. Petitioner's challenge to this order before the High Court in its Constitutional jurisdiction rightly failed for the reason that he has no legal right to the possession of the quarter.
The petitioner who argued personally in support of this petition had nothing to show by way of a legal right to remain possession of the quarter, he, however, submitted that being a low paid Government Servant he is entitled to a residential accommodation.
This is a plea which the petitioner may address to the officer concerned in the relevant Department but is not available to him for seeking special leave to appeal from the judgment of the High Court.
The petition is dismissed in lemine.
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